What is Massachusetts General Laws Chapter 239?

M.G.L. c. 239, titled Summary Process for Possession of Land, is the statute that governs all eviction proceedings in Massachusetts. It sets the rules for filing an eviction case, what a court must find to award possession, the tenant's right to appeal, how a physical removal may be carried out, and post-judgment procedures. It operates alongside M.G.L. c. 186, which governs notice requirements and grounds for terminating a tenancy.

What are the filing deadlines for a Massachusetts eviction case under Chapter 239?

Under M.G.L. c. 239, § 2, the Summary Process Summons and Complaint must be filed so that the entry date — the first Monday on or after filing — falls no more than 30 days and no fewer than 7 days after the summons is served on the tenant. Missing either end of this window voids the case and requires the landlord to start over. Electronic filing is required for all attorneys and represented parties.

What is a Writ of Execution in a Massachusetts eviction?

A Writ of Execution is the court order that authorizes a licensed sheriff or constable to physically remove a tenant after a landlord wins an eviction case. Under M.G.L. c. 239, § 3, the writ cannot issue until 10 days after judgment. The officer must give the tenant at least 48 hours' written notice before removal, which may only occur Monday through Friday between 9 a.m. and 5 p.m. The writ is valid for 90 days from issuance.

What is a Section 8A counterclaim in a Massachusetts eviction case?

Under M.G.L. c. 239, § 8A, a tenant may raise claims against the landlord — including breach of the implied warranty of habitability and Sanitary Code violations — as a defense or counterclaim in the eviction proceeding itself. If the tenant proves that conditions endanger health or safety, a legal presumption arises in their favor. This can eliminate the landlord's rent judgment and result in an affirmative damages award against the landlord.

Can a tenant delay an eviction after a Massachusetts landlord wins in court?

Yes. Under M.G.L. c. 239, § 5, a tenant has 10 days to file a Notice of Appeal, which stays the Writ of Execution pending appeal. Under § 9, in no-fault eviction cases, a court may grant a stay of execution of up to six months — or 12 months for elderly or disabled tenants — if the tenant cannot find suitable alternative housing.

What is the mandatory rental assistance notice requirement for Massachusetts evictions?

Under M.G.L. c. 239, § 15, a landlord pursuing a nonpayment of rent eviction must include a specific form with the Notice to Quit informing the tenant of available emergency rental assistance programs. This is not a curable technical defect — failure to include the form bars the landlord from filing the eviction case. Courts may also grant continuances where the tenant has a pending rental assistance application.

What happens to a tenant's belongings after a Massachusetts eviction?

Under M.G.L. c. 239, § 4, when a sheriff or constable removes a tenant's belongings as part of a lawful execution, those items must be placed in storage at the landlord's initial expense. The storage facility must hold the property for six months. If the property has value it may be sold, with proceeds applied to storage and landlord costs, and any remainder returned to the tenant.